Tenant Ill, Late payments and Medical Needs

Mallotum_X

A friend of mine rents a house to a tenant . The tenant has let the house for just over two years, rent generally paid on time, occasionally a few days late.

Current Month rent not been paid, tenants sister has contacted the letting agent to explain that tenant has become ill, and has been laid of from work.

Tenant apparently needs a lot of care and assistance and indication is that tenants family want to move him to somewhere more suitable, where they can look after him rather than him being on his own and them having to call in.

Tenants sister has told the agent that the family don't want him to get into debt and are trying to find the money between them to pay the unpaid rent.

There is a deposit of roughly 150% of one months rent (protected etc before anyone gets excited about that). Tenant is out of the fixed term. My friend said that the house has regular inspections and is of the opinion that there are unlikely to be any significant claims for damage against deposit.

Agent had apparently told tenants sister that for tenant to break lease one month notice require from the rent day- which would take him to mid March.

I have suggested that my friend should suggest that an early surrender could be offered - allowing sister to move him out as soon as the family have worked out how best they want to provide the care needed, and also by doing that sooner rather than later then the deposit is still there that could cover the rent rather than the tenant having that to worry about.

Clearly there are a combination of factors here, tenants health/wellbeing, existing contract, issue of unpaid rent and how the deposit can be used.

Is there anything else friend should be aware of/consider?

G_M

Tenant and family are being very honest, upfront. And are facing personal difficulties.

Ignore the agent (who must do what the landlord tells them) and discuss with the tenant what he wants.

Let the tenant leave on whatever date suits them. Charge rent pro-rata for the month for however many days tenant is there. Ignore the 'law' ie the notice period required by a tenant, and just reach an amicable arrangement. Confirm it in witing once you agree.

deal with the deposit as soon as the tenant leaves.

Then seek new tenant.

fishpond

Or you could wait until he dies, then try to sort out the legals with a solicitor/executor of the estate and try to get some money back.
Take your pick.

rosie383

Or perhaps that is a bit premature?? I hope he or his family don't read that.

When_the_going_gets_tough

Your friend could also suggest to the family/tenant that they should apply for housing benefit to help cover the rent until they have decided on a long term strategy.

Mallotum_X

Had an update from my friend so thought I would share it (as best as I can remember).

Tenant was offered opportunity to hand in notice and break the lease early if he wanted. Tenants sister told agent that he would be moving in with her in early March so they decided to terminate his lease in line with the original agreement.

Tenant had spoken to and possibly obtained help from local council but also had money in savings that he had a 30day notice period on.

The late rent has been paid and notice handed in. The next rent is due soon and tenant has said he now has the funds in place to cover this.

The tenant's health appears to have improved a little so hopefully with extra care from sister he will make a full recovery.

Out,_Vile_Jelly

How nice to read about a tenant and LL approaching a situation honestly and sensibly.

G_M

It does make a change from the confrontational posts so often seen here.